Why Claim?
There are many good reasons why a person who has been injured or made ill in the workplace ought to claim for compensation. Before exploring these reasons, it is worth discussing why some people decide not to claim. Setting aside personal circumstances, it has been conjectured in some circles that Britain’s workforce has become increasingly reluctant to claim for work-related injury compensation as a result of the negative public perception of the personal injury claim industry.
Is it Wrong to Claim?
Earlier this year, when Lord Young of Graffham – who has since resigned from his advisory role within the Government – promised a “bonfire of red tape” in his review of health and safety laws in the UK, many people were delighted that somebody was finally taking a stand against Britain’s so-called ‘compensation culture’. Public perception was such that health and safety was deemed as nonsense and many personal injury claims were thought to be spurious. The truth, however, does not resemble the hysteria whipped up by certain elements of the British media.
Setting the Record Straight
According to Datamonitor – and contrary to popular belief – work-related personal injury claims have been on the decline in the UK over the past few years. Excepting motor-related claims, sources have also estimated that other types of injury claim have dropped in number over recent years. In regard to health and safety, the media often describes over-zealous ‘health and safety officers’ who demand that homemade cakes cannot be sold to the public, pictures cannot be hung over staircases, community support officers cannot jump into ponds to save drowning children and so on. In reality, no health and safety law demands the ridiculous and the so-called ‘health and safety officers’ named in tabloid articles rarely have any connection to the Health and Safety Executive.
In summary, personal injury claims exist to provide effective remedies to people who have been injured or made ill as a result of somebody else’s negligence. Although television advertisements and media articles give the impression that personal injury claims are a relatively recent phenomenon, the concept of negligence law in the UK was established over 75 years ago in the case of Donoghue and Stevenson.
Simply put, personal injury claims have been around for decades; however, with the introduction of ‘no-win, no-fee’ legal services in the UK, access to justice has increased significantly over recent years. As more people have been able to afford legal representation, the frequency of litigation has increased in tandem, which is no bad thing considering that the public is now in a position to more effectively defend its rights.
Reasons to Claim
After it has been accepted that claiming compensation for an injury or illness sustained in the workplace is a matter of defending fundamental legal rights, at least two compelling reasons to take legal action against an employer become apparent.
First, the importance of monetary damages cannot be understated. People who have been injured or made ill in the workplace can find the experience especially difficult, not least because the injury or illness in question might cause them to lose earnings or even their jobs. Accidents at work do not merely include slips, trips and falls that produce relatively minor injuries. According to the Health and Safety Executive, 25,431 major injuries were reported under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) in the UK during 2009/2010. Major, serious or catastrophic injuries can include broken bones, amputations, spinal damage, paralysis and other such injuries that can result in lengthy or permanent absences from work. Compensation can cover medical expenses, loss of earnings, lifestyle changes and so on.
Another important reason to claim for compensation following a workplace injury or illness is that doing so can help to improve health and safety at work. Employers are more likely to implement safer systems of work under the threat of financial loss than they might if workers fail to complain about their accidents. Taking legal action against an employer, therefore, can improve health and safety for all workers.
Your Rights
As mentioned above, the law of negligence in the UK developed in the 1932 case of Donoghue and Stevenson, which established the fundamental principle of a duty of care. The common law has evolved substantially since Donoghue and Stevenson to produce a multitude of rights and responsibilities that govern the lawful interactions of people, including those pertaining to employers and their employees. In regard to health and safety, it is also the case that various statutory provisions have been incorporated into the legal system to protect the basic rights of workers. In the UK, workers should not expect to risk life or limb in their chosen employment.
Your Employer’s Obligations
Employers are bound by a common law duty of care to protect their workers. In the statutory context, health and safety laws have redefined the obligations imposed on employers. When claiming for personal injury compensation, sick or injured workers can rely on principles of the common law and various statutory provisions to argue their fundamental legal rights.
Under the common law, employers are subject to various legal principles including the duty of care, reasonable person test, causation and remoteness. The courts can establish liability based on these criteria or principles but may also adopt elements of statute law. In particular, the Health and Safety at Work etc Act 1974 can be used as a basis for determining culpability. Section 2(1) of the 1974 Act, for instance, states that all employers must ensure, so far as is reasonably practicable, the health, safety and welfare of all their employees at work. Section 2(1) is the statutory equivalent of the common law duty of care that exists between employers and their employees.
Why Choose Us?
Our specialist team of claims handlers are well-equipped to handle your case, from the point of contact to final settlement. Claiming for personal injury compensation following an accident at work can sometimes prove an awkward and stressful experience for claimants. We aim to reduce the burden on those who have been injured or made ill in the workplace by providing a no-obligation discussion on the merits of a claim before exploring the relevant legal process.
Our team of industrial and workplace accident specialist also work on a ‘no-win, no-fee’ basis, which means that in the unlikely event a claim fails we recover our costs from an insurance policy. Successful claimants retain 100 per cent of their compensation.
